SWPPP

Ohio EPA recently issued its new Multi-Sector General Permit (MSGP) for Industrial Storm Water Discharges (Ohio EPA General Permit Number OHR000005). The existing general permit expired at the end of May 2011, and Ohio EPA spent several months soliciting input from industry and regulatory groups to develop a permit that is consistent with US EPA’s MSGP. There are 2012 deadlines for submittals associated with coverage under the new MSGP, along with a series of new requirements. The remainder of this blog describes the deadlines for submittals required to maintain coverage under the new MSGP, and the new permit requirements.

The new MSGP is a significant shift from the previous general permit. The new MSGP has grown from 36 pages to more than 140 pages. The previous permit included broad, non-facility specific, monitoring and recordkeeping requirements. The new MSGP establishes industry-specific requirements for managing and monitoring storm water discharges. The new MSGP contains new requirements that were contested by industry groups, including the establishment of benchmarks, quarterly visual sampling, and submittal of an annual report. The new MSGP places additional burdens on both industry and the regulators by requiring virtually every facility in the state to re-apply for a storm water permit, and to revise or update Stormwater Pollution Prevention Plans (SWPPPs).

The effective date of the new MSGP is January 1, 2012. Individual facilities were to be notified by letter, which Ohio EPA should have mailed prior to December 31, 2011. Ohio EPA indicates that if you do not receive a letter by January 13, 2012, you should immediately contact the agency.

No action is needed by current permit holders until the letter is received from Ohio EPA. Important submittal deadlines are:

Existing permit holders are to submit a Notice of Intent (NOI) within 90 days after receiving written notice from Ohio EPA.

SWPPPs for existing permit holders are to be updated within 180 days of the effective date of the General Permit.

For facilities not covered under a prior NPDES permit, a SWPPP needs to be prepared before submitting a NOI. The NOI is to be submitted at least 180 days prior to discharge.

It is important to note that facilities renewing their permits must use the NOI form that Ohio EPA developed for this permit. The form and instructions can be downloaded from their website.

All facilities are required to design, install, and implement control measures (including Best Management Practices (BMPs)), and describe them in their SWPPP. As part of the SWPPP, facilities are required to identify a storm water pollution prevention team. Annual training will also be required, and the facility will need to maintain documentation concerning the training.

The three types of inspections required by the new MSGP include:

Routine facility inspections that are to be conducted at least quarterly, and in some cases more frequently (i.e., monthly). Documentation of the inspections will need to be maintained on-site as part of the SWPPP.

Quarterly Visual Assessments of storm water quality. This consists of collecting a sample during the first 30 minutes of discharge from a storm event. The sample is to be visually inspected for color, odor, floatables, foam, oil, etc. Documentation will need to be maintained on-site with the SWPPP.

Comprehensive Site Inspections that are to be conducted annually. Documentation of the inspections will need to be maintained in the SWPPP and recorded in an Annual Report (Ohio EPA will provide the form).

Two types of monitoring are included in the new MSGP: Benchmark Monitoring and Effluent Limitations Monitoring. The types of monitoring and individual parameters are specified for each of the specific industry sectors within the new MSGP. Benchmark Monitoring is required for 13 of the Industry Sectors. The purpose for benchmark monitoring is for evaluating the overall effectiveness of control measures and to know when additional actions are necessary to comply with BMPs. Effluent Limitations Monitoring is required for five (5) industry sectors. This monitoring is an annual event that is for the most part consistent with the prior permit, but with differences in monitoring parameters.

The new MSGP includes an exemption for monitoring multiple outfalls that are “substantially identical outfalls”. If a facility has two or more outfalls that discharge substantially identical effluent and drainage areas, there is a provision to monitor only one of the outfalls and report that the results apply to the other substantially similar outfalls. This exemption does not apply to outfalls covered by numeric effluent limits.

There has also been a minor change in the definition of a “measurable storm event” from the prior permit. A measurable storm event is defined as a storm event that results in discharge from the facility and follows the preceding measurable storm event by 72 hours (3 days). There is also a provision for monitoring snowmelt.

The new MSGP contains an exemption to the monitoring requirements for inactive and unstaffed sites. This exemption applies to benchmark monitoring, quarterly visual inspections, and routine facility inspections. It will be necessary to make a demonstration, and then certify there are no industrial materials exposed to storm water. The exemption applies differently to certain industry sectors.

If you have questions on how the requirements of the new MSGP may apply to your facility(ies), or require assistance updating your facility’s SWPPP, contact Andy McCorkle at 888-598-6808 or by email at amccorkle@cecinc.com.